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From Ralph Goers <ralph.go...@dslextreme.com>
Subject Re: Proposal: Disclosure of patents by Apache projects
Date Tue, 02 Jun 2015 21:54:23 GMT

> On Jun 2, 2015, at 2:44 PM, William A Rowe Jr <wrowe@rowe-clan.net> wrote:
> 
> On Tue, Jun 2, 2015 at 12:42 PM, Roy T. Fielding <fielding@gbiv.com <mailto:fielding@gbiv.com>>
wrote:
>> On May 31, 2015, at 3:20 PM, Lawrence Rosen <lrosen@rosenlaw.com <mailto:lrosen@rosenlaw.com>>
wrote:
>> 
>> [Responses to three board members in one email.  :-)  ]
>>  
>> Greg Stein wrote:
>> > Thus, to water out random claims of infringement from random developers, we
must wait until the patent holder *informs* us that we (likely) infringe. Until the patent
holder wants to assert that, then I don't think we're qualified to make *any* judgement, including
whether it is important/relevant to provide notice.
>>  
>> Nobody is concerned about "random claims of infringement from random developers."
Or rather, "if you are concerned about such a claim, then say so in the NOTICE file. If not,
move it to the trash." Nothing more is required from ASF or its members and contributors.
I would ask only for open disclosure within Apache projects of patents that seem interesting
to the project PMC itself. 
>>  
>> There is no risk to ASF from such disclosure. Under ALv2, disclosures of potentially
relevant patents come with no warranties from ASF. 
> 
> ALv2 covers our software products, not our disclosures. We are just as liable for our
statements as any human being, and any statement we might make is evidentiary for both us
and our downstream recipients.
> 
> So let me ask what might be a blindingly obvious question.  A handful of awarded patents
apply to a code base submitted to the ASF, licensed under the AL by the patent holder, patent
rights are conveyed.
> 
> Do we note the specific patent numbers/titles?  If so, where?  README?  NOTICE?  PATENTS?


My answer would be to have a PATENTS file that contains something similar to the following
text:

This distribution contains software. Software consists of mathematical statements and expression
of business processes and as such is not subject to patents.


;-)

Ralph


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